The transport of nitrogen oxides (NOX) across state lines, which contributes to the formation of ozone, was first addressed by EPA's NOX Budget Trading Program as implemented via the NOX State Implementation Plan (SIP) Call. This program controlled NOX emissions primarily from electric generating units (EGUs) as well as certain types of non-EGUs. In turn, the State Air Pollution Control Board implemented these federal requirements under its own NOX SIP Call Rule (Part I of 9VAC5-140). Subsequently, EPA's NOX SIP Call Rule was superseded by the Clean Air Interstate Rule (CAIR), which was in turn superseded by the Cross-State Air Pollution Rule (CSAPR). Although the state is now subject to CSAPR, and both the NOX SIP Call Rule (with respect to EGUs) and CAIR are no longer in effect, non-EGUs cannot be brought into the Transport Rule trading programs, and the NOX SIP Call regulations applicable to non-EGUs must be retained. The purpose of this action is to remove unnecessary federal requirements while retaining those requirements needed to control emissions from non-EGUs. This will ensure that Virginia is properly meeting federal requirements for the control of NOX.

Chapters Affected

Only affects this chapter.

Exempt from APA

Yes, this action is exempt from the Administrative Process Act. The normal
executive branch review process is not required.